PROVINCIAL POLICY STATEMENT RELATION TO THE PROVINCIAL PLAN

Transcription

1 COUNTY OF LAMBTON OFFICIAL PLAN UPDATE BACKGROUND REPORT NO. 1 PROVINCIAL POLICY STATEMENT RELATION TO THE PROVINCIAL PLAN Image Source: (Word Clip Art Stock Photos, 2011) Date: May, 2015

2 BACKGROUND PLANNING AND DEVELOPMENT SERVICES DEPARTMENT 789 Broadway Street, Box 3000 Wyoming, ON N0N 1T0 Telephone: Toll-free: Fax: In compliance with the Planning Act (RSO 1990 as amended), the County of Lambton Planning and Development Services Department is undertaking a review of the 1998 Lambton County Official Plan. This review is required at 5 year intervals to ensure Official Plans remain relevant to area demographics, land use changes and emerging topics in planning. Under the review, the County will also ensure its Official Plan is in conformity with provincial legislation including the Provincial Policy Statement (2014) and other legislation. Municipalities must, by law, ensure that planning decisions are consistent with the Provincial Policy Statement. Subsections 3(5) and (6) of the Planning Act read as follows: Policy statements and provincial plans (5) A decision of the council of a municipality, a local board, a planning board, a minister of the Crown and a ministry, board, commission or agency of the government, including the Municipal Board, in respect of the exercise of any authority that affects a planning matter, (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date of the decision; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5. Same (6) Comments, submissions or advice affecting a planning matter that are provided by the council of a municipality, a local board, a planning board, a minister or ministry, board, commission or agency of the government, (a) shall be consistent with the policy statements issued under subsection (1) that are in effect on the date the comments, submissions or advice are provided; and (b) shall conform with the provincial plans that are in effect on that date, or shall not conflict with them, as the case may be. 2006, c. 23, s. 5. Section 26(1) of the Planning Act outlines the requirements for updates to Official Plans, and specifically, their adherence to provincial legislation. Page 2 of 11

3 26.(1) If an official plan is in effect in a municipality, the council of the municipality that adopted the official plan shall, not less frequently than every five years after the plan comes into effect as an official plan or after that part of a plan comes into effect as a part of an official plan, if the only outstanding appeals relate to those parts of the plan that propose to specifically designated land uses, (a) revise the official plan as required to ensure that it, (i) conforms with provincial plans or does not conflict with them, as the case may be, (ii) has regard to the matters of provincial interest listed in section 2, and (iii) is consistent with policy statements issued under subsection 3 (1); and (b) revise the official plan, if it contains policies dealing with areas of employment, including, without limitation, the designation of areas of employment in the official plan and policies dealing with the removal of land from areas of employment, to ensure that those policies are confirmed or amended. 2006, c. 23, s.13. Since the adoption of the 1998 County of Lambton Official Plan, the Province of Ontario has updated provincial documents and regulations, namely the Provincial Policy Statement, which was most recently amended in The existing Lambton County Official Plan was prepared in accordance with the 1997 PPS. The Planning Department has reviewed the current Provincial Policy Statement, and matters of planning interest will be considered and included into the updated Official Plan as they relate to the County of Lambton. This report will act as a reference tool for new or updated planning issues, as set out in the 2014 Provincial Policy Statement, and will set the general direction for addressing them. These directions are minimum standards of planning regulation, and as such, the county can include higher standards so they fit the local context. RELATION TO PROVINCIAL POLICY STATEMENT (2014) The Provincial Policy Statement "focuses on growth within settlement areas, and away from significant or sensitive resources and areas which may pose a risk to public health and safety" (Part IV: Vision for Ontario's Land Use Planning System). Through the Provincial Policy Statement, the provincial government attempts to "ensure that its resources are managed in a suitable way to protect essential ecological processes and public health and safety, minimize environmental and social impacts and meet its long term needs" (Part IV). The County also believes in the protection and conservation of natural and human resources, and will take these issues into account when reviewing and preparing the updated County Official Plan. Page 3 of 11

4 As a part of this review, the 2014 Provincial Policy Statement and the 1998 County Official Plan were compared for similarities and differences. A number of new and/or expanded provincial policies have emerged since the 1998 official plan was prepared and they need to be considered in the current County Plan review. Other focus areas referenced in the 1998 Lambton County Official Plan are still relevant, but may require modification to reflect changes in legislation. The following were selected from the 2014 Provincial Policy Statement as key themes/focus areas to consider in the Official Plan Review (Note: this list is not exhaustive; some policies related to these areas currently exist in the county plan; other policies not mentioned are still relevant for the review; these are simply key focus areas and do not represent all policies covered): Provincial Policy Statement Key Themes: Agriculture , 1.1.4, 1.2, , 1.7, 1.8.3, 2.3; Brownfields , , , 1.7.1; Comprehensive Reviews , 1.2.1; Freshwater: Source, Quality and Quantity , 2.1, 2.2 Healthy, Active, Accessible Communities - 1.1, 1.5, 1.7.1; Heritage/natural/cultural/archaeological - 1.2, 2.1, 2.2, 2.6, 3.0; Human Induced or Human Related Hazards , 3.2; Intensification and Redevelopment - 1.1, 1.2.4, 1.4, 1.6, 6.2; Minimum Standards/Regulations - 4.9; Multi-modal Accessible Transportation ; Population and Demographics - 1.2, 1.4.2; Public Goods and Services/Sites and Resources , 1.2.1, 1.4.3; 1.6; Renewable Resources , 1.8; Sustainable Growth Images Source: (Word Clip Art Stock Photos, 2011) CURRENT COUNTY OF LAMBTON OFFICIAL PLAN The 1998 County of Lambton Official Plan makes reference to some of the topics mentioned in regards to their importance in planning, and their role in ensuring and Page 4 of 11

5 creating a dynamic, livable community. Of the themes, the following are currently addressed; [selected] excerpts from the Official Plan are outlined below for each theme. Agricultural Preservation OP 4.1 Incompatible Land Uses Goal: "To prevent the loss of agricultural lands, the creation of competing and incompatible land uses and to prevent farm fragmentation" Freshwater Supply and Quality OP 6.6 Image Goal: "The County will work with agencies and industrial partners at continuing to improve the image of Lambton County with respect to air and water quality management" Healthy Active and Accessible Communities OP 2.1(5) All Members Goal: "Public spaces, including streets, parks, and buildings, should be designated to be accessible and safe for all members of the community" Heritage/Archaeological OP 2.2 Conservation Significant Policies: (1) "Where significant cultural heritage features are known to exist, local municipalities are encouraged to adopt policies related to the conservation of these features... (2) "[Municipalities are] encouraged to prepare and maintain comprehensive inventories of significant heritage resources" Intensification OP 3.6(2g) Opportunities Goal: "local municipalities will have regard for:... opportunities for intensification and development within the existing urban areas" Page 5 of 11

6 Multi-modal Accessible Transportation OP 7.2 Needs Goal: "To maintain a system of public transportation that meets the needs of users throughout the County in a cost-effective manner." Population and Changing Demographics OP 2.3 Changing Issue: "changing demographic trends (e.g. the aging of the baby boom and the increase of non-traditional households) will have implications for future growth of Lambton County." Public Goods and Services / Sites and Resources OP 1.6 Availability Goal: "all municipalities in the County are expected to grow, based on the availability of municipal sewer and water services and the availability of community services" Sustainable Growth OP 3.1 Principles Goal: "to ensure that planning for growth, including the designation of land and the provision and development of infrastructure and public service facilities, is based on sound planning principles." PROPOSED POLICY CHANGES TO THE OFFICIAL PLAN This section outlines the key themes selected from the Provincial Policy Statement with suggested/proposed official plan policy directions so as to ensure compliance with provincial legislation. Some topics also include additional references and/or alternatives for new planning issues, while others represent new policy areas that require attention in the updated Official Plan. Agricultural Preservation Enhanced preservation and recognition of the importance, and need for agricultural lands and resources: Official Plan 4.1: alter to include the preservation of Special Crop Areas followed by the preservation of soil classes 1, 2, and 3, and any associated Class 4 through 7 Page 6 of 11

7 lands within the prime agricultural area, in this order (Re: Provincial Policy Statement PPS 2.3.1); Official Plan 4.2: should reflect that all types, sizes and intensities are permitted in prime agricultural areas (Re: Provincial Policy Statement ); Proposed new secondary uses and on-farm diversified uses shall be compatible with surrounding agricultural operations. Criteria for these uses shall also be included in municipal planning documents (Re: Provincial Policy Statement ); Source: Google Images Lot creation in prime agricultural areas is discouraged, and is only permitted when consolidation of farm parcels results in a surplus dwelling. Technical severances may also be granted where a utility facility or corridor cannot be accommodated through the use of easements or rights-of-ways, and in cases where lot adjustments are granted only for legal or technical reasons (Re: Provincial Policy Statement , , ). Additionally, the Provincial Policy Statement has removed certain types of severances which are referenced in the current County of Lambton Official Plan. These polices should be amended to remove types of severances no longer allowed by the PPS. Brownfields To ensure economic prosperity and use of existing land resources, redevelopment and reuse of vacant and/or underused lands, including Brownfields, is encouraged. An inventory of the current condition of these sites, and options of redevelopment should be considered. With Brownfield redevelopment, existing land supply and infrastructure will be repurposed, thus reducing the need for expansion of the built environment, and construction of new infrastructure and other municipal services. (Re: Provincial Policy Statement 1.7) Page 7 of 11

8 Comprehensive Review The 2014 Provincial Policy Statement makes reference to the use of comprehensive and progressive reviews that integrate the management of natural and cultural heritage, infrastructure and public services, land and aquatic ecosystems, natural and human hazards, and changing demographics; specifically when dealing with development in settlement areas, both rural and urban. Additionally, the PPS encourages procedures that ensure a comprehensive review of documents, reports and applications that deal with Official Plan matters. (Re: Provincial Policy Statement ; 1.2.1) Freshwater Supply and Quality Enhance provisions related to the preservation and protection of water sources, and to ensure that an adequate supply and quality of freshwater is available to all residents and various uses (Re: Provincial Policy Statement 2.2): Official Plan 6.6 and 8.1.5: update with increased mention as to the importance of freshwater sources and their protection, including sourcewater, watershed, groundwater and aquifer sources; Implement best management practices that work to clean and filter water sources at all stages (source, Source: Environment Canada conveyance, end of pipe); The current Official Plan makes reference to services and infrastructure related to clean water and the costs associated with providing clean water. Stormwater, infiltration, watersheds, sourcewater, and groundwater should be addressed so water quality and quantity can be secured; Consider water (and air) quality in relation to climate change impacts; Also differentiate between types of sewage and water services including: municipal; private communal; individual on-site; and partial service. Healthy, Active and Accessible Communities Ensuring communities are planned according to sustainable means of growth and development with the supply of fully accessible services including green space, parks, public goods and services, infrastructure and other basic needs. Services should be accessible for all mobility types and users from all areas of the County. Future development should respect parks and open spaces, agricultural uses, and natural Page 8 of 11

9 environments as these areas represent important resources for future growth and prosperity of the County. (Re: Provincial Policy Statement 1.5.1) Heritage/Archaeological Enhanced natural and cultural heritage through cultural recognition and/or designation (Re: Provincial Policy Statement PPS 2.1 and 2.6): Official Plan 8.0: Group A features should also include significant coastal wetlands as areas of no development; Official Plan 8.0: Fish habitats are no longer considered developable except in accordance with provincial and federal requirements; Official Plan 2.2: Mitigative measures and/or alternative means of protection should be implemented in respect to heritage, cultural and agricultural resources. Human Induced or Human Related Hazards Increased awareness of the impact humans pose on the environment and ecosystem. Consideration should be given to the implementation of planning methods directed towards mitigation, or elimination of these impacts (mineral operations, aggregate operations, oil, gas, salt etc.) (PPS 1.2.1, 3.2). Intensification The Provincial Policy Statement encourages that "planning authorities shall establish and implement minimum targets for intensification and redevelopment" (namely in builtup areas). Intensification of the existing built environment is preferred over the use or expansion of settlements into surrounding lands. The County should consider the options of intensification in accordance with land uses, housing demands and population/demographics. Intensification should be considered where it is appropriate, where it can be done with limited impacts on nearby uses, and where it can be accommodated by municipal services and infrastructure. Intensification could include: redevelopment and brownfield use; development of vacant sites or underutilized sites; infill development; and/or conversion/repurposing of existing buildings and structures. (PPS 1.1, 1.2, 1.4, ) Minimum Standards and Regulations Guidelines set out in the Provincial Policy Statement represent minimum standards/policies; the County may expand on these regulations to suit the community so long as policies implemented do not conflict with provincial interest. (PPS 4.9) Page 9 of 11

10 Multi-Modal Accessible Transportation There should be the provision of a multi-service/multi-modal transportation system that links the community through an efficient and accessible service to all uses regardless of mobility. The current Official Plan makes reference to accessing multi-modal services in the urban core (i.e. City of Sarnia); this should be modified to provide access to all areas including urban and non-urban areas. (PPS 1.7.1) Population and Changing Demographics Make use of the County of Lambton internal report, Population: Summary Trends and Projections 2010, as a reference to ensure planning and development meet the needs and dynamics of the County: Various locations throughout Official Plan: Update population figures throughout the Official Plan to represent new projections (i.e. projected population increase, projected labour/work force, dwelling units etc); Official Plan 3.0: Accommodate a wide ranged and mix of employment, housing (with appropriate housing stock) and land uses; - Modify planning time frame to represent a new 20 year planning horizon. Public Goods and Services Source: Free-Foto.com Improve recognition, protection and preservation of public goods and services as are required to serve the needs of the County. This includes parks, conservation areas, green spaces, built environment, water and sewage, road and transit networks infrastructure, accessibility, and public goods and services. Page 10 of 11

11 Renewable Resources Official Plan section 4.0 references woodlots as "a renewable resource that can be managed to enhance farm income". The current review should investigate opportunities for the use of energy efficient, renewable and alternative sources of energy aimed at reducing or eliminating the reliance on fossil fuels and other non-renewable resources (PPS 1.7). Sustainable Growth Source: Free-extras.com Implement standards geared towards the preservation of existing services, goods and resources, and allowing for alternate and sustainable growth that will supply resident needs, but not be harmful or damaging to the existing resources and land. (PPS 1.1.1) SUMMARY In completing an updated Official Plan, the County of Lambton should consider investigating options including Brownfield redevelopment, multi-modal transportation, intensification, changing populations and demographics, human induced hazards, renewable resources and sustainable growth, as these areas represent emerging topics in planning geared towards creating safe and accessible communities that meet the current and future needs of the county. These topics will be explored in more detail in other specific background reports. For more information on this report, or the County of Lambton Official Plan Update, please contact the Planning and Development Services Department: 789 Broadway Street, Box 3000 Wyoming, ON N0N 1T0 Telephone: Toll-free: Fax: or visit the Official Plan Update Website at: Page 11 of 11